Criminal Records and Expungement. Rhode Island Public Defender

Size: px
Start display at page:

Download "Criminal Records and Expungement. Rhode Island Public Defender"

Transcription

1 Criminal Records and Expungement Rhode Island Public Defender

2 Criminal Records How do I access a criminal record? The only way to obtain an official RI criminal record is by going to the Bureau of Criminal Identification (BCI) at the Attorney General s Office on 150 South Main Street Providence, RI Bring $5.00 in check or money order and photo ID to obtain a copy of the record. If an individual is disabled or 62 years old or older, bring a copy of a proof of disability (for example, a SSI/SSDI award letter) or a photo ID showing age to have the $5.00 fee waived. If a third party is accessing the record, s/he will need a signed and notarized consent and photocopy of photo ID, and the fee. If you have a bench warrant, you will be detained at BCI. Confirm that you do not have a bench warrant with the Clerk s Office or with your attorney before going to BCI. Criminal records can also be viewed online at the RI Judiciary Website: courtconnect.courts.ri.gov. These, however, are not the official records.

3 Criminal Records (cont d) Often, employers see criminal records through private criminal background checks. Under the Fair Credit and Reporting Act, applicants have the right to see copies of the background check that is used by the employer in making an adverse hiring decision. Since these sometimes have errors, it is important to review this record to be sure it is accurate! Individuals can also obtain copies of their national fingerprint check (VCIF) at the AG s BCI office if they are applying for specific types of jobs in Rhode Island such as work as nurses, massage therapists, or as employees at alarm and private security companies and school departments, among others. These checks cost $35.00.

4 Definition 1: Conviction A conviction is a sentence by a judge of a period of confinement (incarceration at the ACI or home confinement), suspended sentence, or fine. Any plea of guilty or finding of guilt by a judge or jury is also a conviction. Common misconceptions: Pleading nolo contendere is not a conviction. Incorrect: Nolo contendere is a plea, a position taken by the defendant related to their criminal charges, and a conviction is a sentence by a judge or jury. Pleading nolo contendere does not automatically mean that a person will not be convicted of a charge. A sentence of straight probation is a conviction. Incorrect: A period of straight probation (i.e. without suspended jail time or a fine) imposed after a plea of nolo contendere is not a conviction.

5 Definition 1: Conviction Can I be asked: Have you ever been arrested? by an employer? No, it is illegal for an employer to ask this question in Rhode Island. Can I be asked: Have you ever been convicted of a crime? by an employer? On July 15, 2013, Governor Chafee signed into law Ban the Box. As of January 1, 2014, an employer cannot ask this question on initial job applications.

6 Definition 2: Expungement Expungement is a legal procedure that allows eligible individuals to have any and all records relating to their criminal charges removed, both from public records and those of law enforcement agencies. It is granted by a judge in the original court in which the charge was heard. Expungement is different from sealing a record, which may occur after a defendant has been exonerated of a charge, however sometimes these terms are used interchangeably and the practical consequences are very similar. See Rhode Island General Law sections , , to , the sections on expungement and sealing in RI law.

7 Eligibility 3 Central Questions: Are you a first-time offender? Have you not been convicted of a crime of violence? Have you waited the required period? In order to be eligible for expungement, you must be able to answer yes to all three of the above questions

8 Eligibility 3 Central Questions: Are you a first-time offender? The law defines a first offender as follows: a person who has not been previously convicted of or placed on probation for a felony or a misdemeanor and against whom there is no criminal proceeding pending in any court. Anyone convicted or placed on probation on more than one occasion is ineligible for expungement. Have you not been convicted of a crime of violence? Have you waited the required period?

9 First-Time Offender Exception for Prostitution Charges Prostitution or Loitering for Prostitution cases charged on or after November 3, 2009 can be expunged one year after completion of sentence (RIGL ) even if person does not meet the definition of first-time offender.

10 Eligibility 3 Central Questions: Are you a first-time offender? Have you not been convicted of a crime of violence? A crime of violence is defined as Murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny. Have you waited the required period?

11 Eligibility 3 Central Questions: Are you a first-time offender? Have you not been convicted of a crime of violence? Have you waited the required period? For misdemeanors - (5) years after the successful completion (no intervening convictions, probation, or pending cases) of your sentence and/or probation. For felonies - (10) years after the successful completion (no intervening convictions, probation, or pending cases) of your sentence and/or probation For filings you will have to wait one (1) full year to file a motion, unless it is a domestic violence filing, in which case you will have to wait three (3) years. This is supposed to be automatic, but in practice you should follow-up yourself. (RIGL ) For deferred sentences -- if you plead guilty or nolo contendere and received a deferred sentence, you must wait five (5) years without any further charges and you will be eligible for expungement. If you plead to this charge before 2010, contact an attorney about the process to expunge this charge.

12 Eligibility A final question: Was your case dismissed (48A), was there a no true bill, no information or were you otherwise exonerated? If yes, you still have to file a motion to seal/motion to expunge! A common misconception is that a dismissal (48A) is the same thing as an expungement. This is not true. If your case is dismissed, you will still have to file for expungement. If yes, AND you have not been convicted of a felony, this charge and all associated records must come off your record by law (RIGL ), no matter how many misdemeanor convictions you may have. If you have a previous felony charge and are looking to expunge a dismissed case, you should consult a criminal defense lawyer to evaluate your eligibility.

13 Procedure The expungement process can take several months to complete. STEP 1: Obtain your records from BCI and confirm eligibility. STEP 2: File a motion with the clerk (this form is available at the clerk s office in each court house) at the original court house where charges were brought. At this time, you will be given a court date.* * For assistance, call Rachel Levenson at the Public Defender s Office ( ) we will help you through this process and try to answer any questions you may have.

14 Procedure STEP 3: Give notice of date of hearing to police department that arrested you and the Department of the Attorney General. If it is an old charge, you may want to go to the Judicial Records Center located at 5 Hill Street in Pawtucket ( ) to get the old arrest records yourself in order to speed up the process. This costs $3.00 per case for a certified copy. Sometimes the clerk will take care of this for you, so you should ask what you should do next. Clerks rule the world

15 Procedure STEP 4: Go to your court date and be ready to prove that you : are a first-time offender have not committed a crime of violence exhibit good moral character have been successfully rehabilitated, AND, that the expungement of your record is consistent with the public interest.

16 Process What does good moral character and successful rehabilitation mean? Ultimately, this is decided by the judge, but here are some suggestions about ways to demonstrate rehabilitation and moral character. Proof of o Regular employment and financial and other support of family o Successful completion of substance abuse and/or mental health counseling. o Community or other public service o Professional certification or licensing in field of employment

17 Procedure STEP 5: If the judge grants your motion to expunge, you must mail a copy of the order to the Attorney General s Office and to the police department that brought your charge. Keep the original. You also will be charged $ for the court processing costs (unless the motion to expunge was for a dismissed charge or you were acquitted). This fee may be waived if you are represented by the RI Public Defender. STEP 6: Make sure the paperwork was processed. A month or two after the motion is granted, get an official copy of your BCI to confirm that your record was expunged.

18 Effects Once expungement is granted, you will no longer have to disclose that you were convicted of the charge that was expunged. Exceptions: According to RIGL (b), any person who is an applicant for: a law enforcement agency position admission to the bar of any court a teaching certificate or a coaching certificate the operator or employee of an early childhood educational facility is required to disclose the fact of a conviction.

19 Effects Just because expunged material is removed from public view does not mean that it disappears entirely. Under RIGL (c), certain individuals or organizations have access to expunged records. These include: the individual whose record was expunged a sentencing court following the conviction of the individual for the commission of a different crime a bar agency which is considering a bar admission, character and fitness, or disciplinary matter the commissioner of elementary and secondary education any law enforcement agency when the nature and character of the offense with which an individual is to be charged would be affected by virtue of the person having been previously convicted of the same offense. by order of a court

20 Effects It is illegal for an organization or person to release or allow access to records which have been expunged and is if someone has done this they can be sued in civil court. (Section )

21 Questions? Contact: Rachel Levenson Community Outreach Liaison Rhode Island Public Defender Phone: (401) (direct) Fax: (401)

FREQUENTLY ASKED QUESTIONS (FAQ s) ABOUT DNA SAMPLES TAKEN AT TIME OF ARREST OR CONVICTION & OPPORTUNITIES FOR EXPUNGEMENT

FREQUENTLY ASKED QUESTIONS (FAQ s) ABOUT DNA SAMPLES TAKEN AT TIME OF ARREST OR CONVICTION & OPPORTUNITIES FOR EXPUNGEMENT 1 FREQUENTLY ASKED QUESTIONS (FAQ s) ABOUT DNA SAMPLES TAKEN AT TIME OF ARREST OR CONVICTION & OPPORTUNITIES FOR EXPUNGEMENT FAQ #1: Am I required to submit a DNA sample in connection with my criminal

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

KNOW YOUR RECORD What Teens Should Know About Their Delinquency Record

KNOW YOUR RECORD What Teens Should Know About Their Delinquency Record KNOW YOUR RECORD What Teens Should Know About Their Delinquency Record Law Office of Julianne M. Holt Public Defender, Thirteenth Judicial Circuit of Florida 700 East Twiggs Street, Fifth Floor P.O. Box

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

APPLICATION FOR ADMISSION BACCALAUREATE PROGRAM IN NURSING Generic and RN-to-BSN Completion Programs PRINT CLEARLY

APPLICATION FOR ADMISSION BACCALAUREATE PROGRAM IN NURSING Generic and RN-to-BSN Completion Programs PRINT CLEARLY Please indicate the program for which you are applying Generic RN-to-BSN UNIVERSITY OF ARKANSAS AT PINE BLUFF DEPARTMENT OF NURSING APPLICATION FOR ADMISSION BACCALAUREATE PROGRAM IN NURSING Generic and

More information

Understanding & Clearing Up Criminal Records in Ohio. Table of Contents. What is a Criminal Record?... What are the Ohio Revised Code Statues..

Understanding & Clearing Up Criminal Records in Ohio. Table of Contents. What is a Criminal Record?... What are the Ohio Revised Code Statues.. Understanding & Clearing Up Criminal Records in Ohio Table of Contents What is a Criminal Record?... What are the Ohio Revised Code Statues.. Correcting a Commercial Background Check Correcting a State

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS CAUSE NO. STATE S EXHIBIT #1 THE STATE OF TEXAS IN THE 49th DISTRICT COURT VS. OF ZAPATA COUNTY, TEXAS PLEA OF GUILTY, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATION & JUDICIAL CONFESSION (Defendant

More information

APPLICATION FOR ADMISSION BACCALAUREATE PROGRAM IN NURSING Generic Prelicensure Programs PRINT CLEARLY

APPLICATION FOR ADMISSION BACCALAUREATE PROGRAM IN NURSING Generic Prelicensure Programs PRINT CLEARLY UNIVERSITY OF ARKANSAS AT PINE BLUFF DEPARTMENT OF NURSING APPLICATION FOR ADMISSION BACCALAUREATE PROGRAM IN NURSING Generic Prelicensure Programs PRINT CLEARLY Name: Last First Middle Maiden Sex: Male

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

District School Board of Collier County. Criminal Background Screening, Guidelines & Procedures

District School Board of Collier County. Criminal Background Screening, Guidelines & Procedures District School Board of Collier County Criminal Background Screening, Guidelines & Procedures I. INTRODUCTION The purpose of this document is to provide appropriate guidelines and procedures for determining

More information

EXPUNGEMENTS IN VIRGINIA

EXPUNGEMENTS IN VIRGINIA EXPUNGEMENTS IN VIRGINIA WHAT IS EXPUNGEMENT? Expungement is a process where an individual who has been arrested and charged with a crime, but who was NOT convicted, can have police and court records of

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

Cover Artwork UNDERSTANDING JUVENILE & CRIMINAL RECORDS AND THEIR IMPACT ON EMPLOYMENT IN NEW YORK STATE

Cover Artwork UNDERSTANDING JUVENILE & CRIMINAL RECORDS AND THEIR IMPACT ON EMPLOYMENT IN NEW YORK STATE Cover Artwork UNDERSTANDING JUVENILE & CRIMINAL RECORDS AND THEIR IMPACT ON EMPLOYMENT IN NEW YORK STATE Inside cover 225 Varick Street New York, NY 10014 (212) 243-1313 www.lac.org Artwork UNDERSTANDING

More information

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following: ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

2 Be it enacted by the People of the State of Illinois, 4 Section 1. Short title. This Act may be cited as the

2 Be it enacted by the People of the State of Illinois, 4 Section 1. Short title. This Act may be cited as the SB138 Engrossed LRB9203748RCcd 1 AN ACT concerning drug treatment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may

More information

Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals

Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals 1. What are the criminal bars for deferred action? In addition to a number of other requirements, to qualify for deferred

More information

Restoration of Civil Rights. Helping People regain their Civil Liberties

Restoration of Civil Rights. Helping People regain their Civil Liberties Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled

More information

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and Expungement Information About Removing Criminal Records from Public Access in Maryland Table of Contents What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For

More information

COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY

COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY This document is meant to provide general information about the collateral consequences of juvenile adjudications. This document is not

More information

The Circuit Court. Judges and Clerks. Jurisdiction

The Circuit Court. Judges and Clerks. Jurisdiction The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes

More information

Criminal Records & Employment

Criminal Records & Employment Criminal Records & Employment 1. What exactly is a criminal record? YOUR LEGAL RIGHTS A criminal record, formally known as a summary criminal history, or more commonly known as a rap sheet, is a list of

More information

Criminal Background Frequently Asked Questions

Criminal Background Frequently Asked Questions Criminal Background Frequently Asked Questions Q: Why does the Arkansas State Board of Nursing (ASBN) ask questions regarding criminal conviction(s)? A: According to the ASBN Nurse Practice Act (Sub Chapter

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 700 Civic Center Drive West P.O. Box 22024 Santa Ana, CA 92702-2024 (877) 872-2122 www.occourts.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 700 Civic Center Drive West P.O. Box 22024 Santa Ana, CA 92702-2024 (877) 872-2122 www.occourts. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CERTIFICATE OF REHABILITATION AND PARDON Forms and Penal Code 4852.01, and 4852.06 Instruction Sheet Notice of Filing of Proof of Service Certificate of Rehabilitation

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military California s Alternative Sentencing Law for Veterans and Members of the U.S. Military You re a veteran, or maybe you re still in the military. But now you re looking at time in county jail or state prison.

More information

Process of an expunction:

Process of an expunction: How Do I Expunge My Record? presented by: Office of State Senator Royce West Senatorial District 23 (updated March 2012) HOW TO EXPUNGE YOUR RECORD Process of an expunction: Requires filing a petition

More information

OFFICE OF THE DISTRICT ATTORNEY

OFFICE OF THE DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont

More information

EXPUNCTIONS IN TEXAS

EXPUNCTIONS IN TEXAS EXPUNCTIONS IN TEXAS Texas Young Lawyers Association Family Law Committee P.O. Box 12487, Capitol Station Austin, TX 78711-2487 (800) 204-2222 Ext. 1800 For additional family law resources, visit www.tyla.org.

More information

The Office of the State Appellate Defender

The Office of the State Appellate Defender The Office of the State Appellate Defender http://www.illinois.gov/osad Last Updated: January 22, 2014 GENERAL INFORMATION - DO I QUALIFY? GUIDE TO EXPUNGE OR SEAL YOUR ILLINOIS JUVENILE RECORD Section

More information

DeKalb County Drug Court: C.L.E.A.N. Program (Choosing Life and Ending Abuse Now)

DeKalb County Drug Court: C.L.E.A.N. Program (Choosing Life and Ending Abuse Now) DeKalb County Drug Court: C.L.E.A.N. Program (Choosing Life and Ending Abuse Now) MISSION STATEMENT The mission of the DeKalb County Drug Court:.C.L.E.A.N. Program (Choosing Life and Ending Abuse Now)

More information

Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK

Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK Introduction Searching for the right job can be difficult. It can be harder if you have a criminal conviction history,

More information

Criminal History and Effect on Nursing Education Program Enrollment, License Eligibility and Employment

Criminal History and Effect on Nursing Education Program Enrollment, License Eligibility and Employment May 2012 Criminal History and Effect on Nursing Education Program Enrollment, License Eligibility and Employment Can I go to nursing school if I have a Domestic Violence conviction? Am I able to get a

More information

Is a Dismissal the same as an Expungement?

Is a Dismissal the same as an Expungement? Research Guide: Petition for Dismissal Law Library for San Bernardino County Research Guide, www.sblawlibrary.org, (909) 885-3020. Updated as of May 2015. Our Guide is adapted from the Sacramento County

More information

HOW TO CLEAR YOUR ILLINOIS CRIMINAL RECORD

HOW TO CLEAR YOUR ILLINOIS CRIMINAL RECORD Office of the State Appellate Defender July 2007 Instruction Guide Table of Contents General Overview 2 Drug test requirement for Class 4 PCS Before You Get Started 3 2 HOW TO CLEAR YOUR ILLINOIS CRIMINAL

More information

The Juvenile and Domestic Relations District Court

The Juvenile and Domestic Relations District Court The Juvenile and Domestic Relations District Court I. General Information The juvenile and domestic relations district court handles cases involving: Juveniles accused of delinquent acts, traffic infractions

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

CRIMINAL JUSTICE GLOSSARY

CRIMINAL JUSTICE GLOSSARY CRIMINAL JUSTICE GLOSSARY ACQUITTAL: a judgment of a court, based either on the verdict of a jury or a judicial officer, that the defendant is not guilty of the offense(s) for which he or she was tried.

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

The Court Process. Understanding the criminal justice process

The Court Process. Understanding the criminal justice process Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves

More information

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes

More information

Name: Last First Middle. Mailing Address: Street City/State Zip Street Address: Street City/State Zip Telephone: ( ) Social Security Number:

Name: Last First Middle. Mailing Address: Street City/State Zip Street Address: Street City/State Zip Telephone: ( ) Social Security Number: School Nurse Application for Employment TANQUE VERDE UNIFIED SCHOOL DISTRICT, NO. 13 11150 E. Tanque Verde Road Tucson, AZ 85749 520-749-5751 / fax 520-749-5400 All positions require an Arizona Registered

More information

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney SEALING OF RECORDS Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE DAVID ROGER District Attorney NOTICE: This Website contains instructions for using the Clark County District

More information

18 Questions and Answers for Advising Potential PPOE Students

18 Questions and Answers for Advising Potential PPOE Students 18 Questions and Answers for Advising Potential PPOE Students Question 1: Is a felony conviction always a bar to peace officer licensure in Minnesota? Answer: Yes. According to MN Rules a felony conviction

More information

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws.

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws. Criminal Law Month Content Skills August Introduction to law Define the term jurisprudence. What is law? Explain several reasons for having laws. Discuss the relationship between laws and values. Give

More information

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT:

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: It is the policy of the Olmsted County Attorney to pursue all domestic abuse allegations with zealous, yet discretionary prosecution

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

THE EXPUNGEMENT PROCESS

THE EXPUNGEMENT PROCESS THE EXPUNGEMENT PROCESS Expungement proceedings are brought in the Circuit Court for the jurisdiction where the charges occurred. If you have criminal charges eligible for expungement in different courts,

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

THE CIVIL RIGHTS RESTORATION PROCESS

THE CIVIL RIGHTS RESTORATION PROCESS THE CIVIL RIGHTS RESTORATION PROCESS INTRODUCTION If you have been convicted of a felony, you have lost your civil rights, which includes the right to vote, serve on a jury, hold public office, and obtain

More information

NJ JUVENILE DEFENSE A. OVERVIEW OF THE JUVENILE JUSTICE SYSTEM. 1. What does the New Jersey s juvenile justice system entail?

NJ JUVENILE DEFENSE A. OVERVIEW OF THE JUVENILE JUSTICE SYSTEM. 1. What does the New Jersey s juvenile justice system entail? NJ JUVENILE DEFENSE A. OVERVIEW OF THE JUVENILE JUSTICE SYSTEM 1. What does the New Jersey s juvenile justice system entail? Juvenile law deals with the crimes that are committed by your beloved teenagers.

More information

Filing Fee $117.00. Instructions for Sealing a Criminal Record

Filing Fee $117.00. Instructions for Sealing a Criminal Record Filing Fee $117.00 Instructions for Sealing a Criminal Record Effective 1-1-2015 This packet is to be used to assist you in filing an application to seal your criminal record. * * * * * * * * * * * * *

More information

BEFORE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE STATE OF IDAHO. This matter came on for an evidentiary hearing on November 3,

BEFORE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE STATE OF IDAHO. This matter came on for an evidentiary hearing on November 3, Hearing Officer 714 North 5th street P.O. Box 1678 Boise, Idaho 83701 Telephone: (208) 342-8931 Facsimile: (208) 384-5686 Idaho state Bar No. 1763 FILED ~ NOV 1 2 2010 Department of Insurance State of

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

Adult Probation: Terms, Conditions and Revocation

Adult Probation: Terms, Conditions and Revocation Adult Probation: Terms, Conditions and Revocation Mandatory Conditions of Community Supervision Restitution Mandatory that it be pronounced at sentencing Sauceda v. State, 309 S.W. 3 rd 767 (Amarillo Ct

More information

3354:1-44-01.1 Pre-Employment Background Check and Drug Screening Procedure 1

3354:1-44-01.1 Pre-Employment Background Check and Drug Screening Procedure 1 3354:1-44-01.1 Pre-Employment Background Check and Drug Screening Procedure 1 (A) Introduction (1) The College provides this procedure to insure the fair and consistent utilization of background checks

More information

Eligibility Requirements for RN Licensure in the State of Texas

Eligibility Requirements for RN Licensure in the State of Texas February 2015 1 Eligibility Requirements for RN Licensure in the State of Texas These requirements listed here are not exclusive. It is the student s responsibility to update themselves with all requirements

More information

CORRECTIONS (730 ILCS 166/) Drug Court Treatment Act.

CORRECTIONS (730 ILCS 166/) Drug Court Treatment Act. CORRECTIONS (730 ILCS 166/) Drug Court Treatment Act. (730 ILCS 166/1) Sec. 1. Short title. This Act may be cited as the Drug Court Treatment Act. (730 ILCS 166/5) Sec. 5. Purposes. The General Assembly

More information

CERTIFICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT

CERTIFICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT CERTIFICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT What You Can Do About Criminal Convictions When Looking for Work If you are an individual with a criminal record in New York who

More information

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015)

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) A note on reproduction: You are welcome to copy and distribute this material, but please do not charge for the copies. A note

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

Application & Information Packet. Bachelor of Science in Nursing Degree BSN PROGRAM

Application & Information Packet. Bachelor of Science in Nursing Degree BSN PROGRAM Application & Information Packet Bachelor of Science in Nursing Degree BSN PROGRAM Application for Admission Bachelor of Science in Nursing (BSN) 1. Complete this application. (Type or print legibly) 2.

More information

MASTER OF ARTS IN COUNSELING

MASTER OF ARTS IN COUNSELING ADMISSIONS REQUIREMENTS / CHECKLIST All applicants to the M.A. in Counseling must: 1. Hold a Bachelor s degree from a recognized institution; 2. Have achieved a minimum 2.75 GPA in undergraduate course

More information

Immigration Consequences of Criminal Conduct. CPCS Immigration Impact Unit 2014

Immigration Consequences of Criminal Conduct. CPCS Immigration Impact Unit 2014 Immigration Consequences of Criminal Conduct CPCS Immigration Impact Unit 2014 Topics of Discussion Types of Immigration Status Immigration Terms of Art Immigration Consequences of Criminal Offenses Analyzing

More information

The Consequences of a Juvenile Delinquency Record in Minnesota

The Consequences of a Juvenile Delinquency Record in Minnesota The Consequences of a Juvenile Delinquency Record in Minnesota 1. Is it true that a juvenile delinquency record will not limit a young person s future opportunities in Minnesota? No, it is not true. Although

More information

Immigration Consequences of Criminal Conduct for the Appellate Attorney. CPCS Immigration Impact Unit 2012

Immigration Consequences of Criminal Conduct for the Appellate Attorney. CPCS Immigration Impact Unit 2012 Immigration Consequences of Criminal Conduct for the Appellate Attorney CPCS Immigration Impact Unit 2012 Topics of Discussion Types of Immigration Status Immigration Terms of Art Immigration Consequences

More information

Senate Bill No. 86 Committee on Transportation and Homeland Security

Senate Bill No. 86 Committee on Transportation and Homeland Security Senate Bill No. 86 Committee on Transportation and Homeland Security CHAPTER... AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in

More information

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360 CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

Juvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians

Juvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians Juvenile Delinquency Proceedings and Your Child A Guide for Parents and Guardians NOTICE TO READER This brochure provides basic information about family court procedures relating to juvenile delinquency

More information

Fingerprint Clearance Cards

Fingerprint Clearance Cards Fingerprint Clearance Cards Q&A This booklet is a general guide for AEA members and is not intended to provide complete information or legal advice on specific problems. Changes in laws may modify the

More information

Your Guide to Bail Bonds in Colorado

Your Guide to Bail Bonds in Colorado Your Guide to Bail Bonds in Colorado 1. WHAT IS BAIL? Your Guide to Bail Bonds in Colorado A joint publication of Colorado Division of Insurance 1560 Broadway, Suite 850 Denver, CO 80202 303-894-7499 1-800-930-3745

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges

More information

Using Administrative Records to Report Federal Criminal Case Processing Statistics

Using Administrative Records to Report Federal Criminal Case Processing Statistics Using Administrative Records to Report Federal Criminal Case Processing Statistics John Scalia, Jr. Statistician Bureau of Justice Statistics U.S. Department of Justice Federal criminal case processing

More information

GENERAL INFORMATION 2009 EDITION

GENERAL INFORMATION 2009 EDITION Texas Foster Youth Justice Project www.texasfosteryouth.org Sealing Juvenile Court Records in Texas GENERAL INFORMATION 2009 EDITION Table of Contents TABLE OF CONTENTS 1 Introduction...........................................................

More information

Personal Record Review Suppressed: This response does not include sealed or suppressed information, as detailed above.

Personal Record Review Suppressed: This response does not include sealed or suppressed information, as detailed above. Criminal History Record Frequently Asked Questions How do I obtain a copy of my New York State criminal history? New York State regulations allow an individual to receive a copy of his or her criminal

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

Understanding the Juvenile Delinquency System

Understanding the Juvenile Delinquency System Understanding the Juvenile Delinquency System 2013 WHO SHOULD READ THIS? The Juvenile Delinquency System is a complicated web of people, agencies, and laws. This pamphlet was written especially for young

More information

UNDERSTANDING JUVENILE & CRIMINAL RECORDS AND THEIR IMPACT ON EMPLOYMENT IN NEW YORK STATE

UNDERSTANDING JUVENILE & CRIMINAL RECORDS AND THEIR IMPACT ON EMPLOYMENT IN NEW YORK STATE UNDERSTANDING JUVENILE & CRIMINAL RECORDS AND THEIR IMPACT ON EMPLOYMENT IN NEW YORK STATE 225 Varick Street Fourth Floor New York, NY 10014 (212) 243-1313 www.lac.org www.hirenetwork.org UNDERSTANDING

More information

LONG TERM CARE WORKFORCE BACKGROUND CHECK CONSENT AND DISCLOSURE

LONG TERM CARE WORKFORCE BACKGROUND CHECK CONSENT AND DISCLOSURE STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES LONG TERM CARE WORKFORCE BACKGROUND CHECK CONSENT AND DISCLOSURE Part 1 Consent Part 2 Applicant Information

More information

System Overview ~~~~~ Presented by: Darcie McElwee

System Overview ~~~~~ Presented by: Darcie McElwee System Overview ~~~~~ Presented by: Darcie McElwee SYSTEM OVERVIEW OBJECTIVES Upon conclusion of this module the participant will be able to: Describe the overall structure, case flow process, and roles

More information

Restitution Basics for Victims of Crimes by Adults

Restitution Basics for Victims of Crimes by Adults Restitution Basics for Victims of Crimes by Adults If you are the victim of a crime, you have a right to be repaid for losses that resulted from the crime. This booklet will help you understand: How to

More information

Personal Information

Personal Information Forsyth R-III School District P.O. Box 187 Forsyth, MO 65653 Phone: 417-546-6384 Fax: 417-546-2204 Certified Personnel Employment Application Personal Information Last Name First Middle Date Street City,

More information

Criminal Record Sealing and Expungement

Criminal Record Sealing and Expungement Criminal Record Sealing and Expungement Washington, D.C. In D.C., there are opportunities to get one s criminal records sealed. Generally, there is a two (2) year waiting period for eligible misdemeanors

More information

CERTIFIED TEACHER APPLICATION

CERTIFIED TEACHER APPLICATION Tucson International Academy Academia International de Tucson CERTIFIED TEACHER APPLICATION Tucson International Academy Human Resources Department 2700 W Broadway Blvd Tucson, AZ 85745 JOB OPENINGS Phone:

More information

Renewal Application Instructions & Requirements

Renewal Application Instructions & Requirements Certification Office 800 Governors Drive Pierre, South Dakota 57501 certification@state.sd.us Telephone: 605.773.3426 Renewal Application Instructions & Requirements Five-year renewal All credits must

More information

OREGON INSTITUTE OF TECHNOLOGY Medical Imaging Technology Program (MIT) STATEMENT OF COMPREHENSION FOR THE MIT PROGRAMS SELECTION PROCESS

OREGON INSTITUTE OF TECHNOLOGY Medical Imaging Technology Program (MIT) STATEMENT OF COMPREHENSION FOR THE MIT PROGRAMS SELECTION PROCESS OREGON INSTITUTE OF TECHNOLOGY Medical Imaging Technology Program (MIT) STATEMENT OF COMPREHENSION FOR THE MIT PROGRAMS SELECTION PROCESS Student Name (printed): My signature below signifies that I have

More information

YOUR NEW YORK STATE RAP SHEET A GUIDE TO GETTING, UNDERSTANDING & CORRECTING YOUR CRIMINAL RECORD

YOUR NEW YORK STATE RAP SHEET A GUIDE TO GETTING, UNDERSTANDING & CORRECTING YOUR CRIMINAL RECORD YOUR NEW YORK STATE RAP SHEET A GUIDE TO GETTING, UNDERSTANDING & CORRECTING YOUR CRIMINAL RECORD YOUR NEW YORK STATE RAP SHEET TABLE OF CONTENTS INTRODUCTION WHAT DOES THIS BOOKLET COVER? p. 1 SECTION

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

Instructions for Sealing a Criminal Record. (Expungement)

Instructions for Sealing a Criminal Record. (Expungement) Instructions for Sealing a Criminal Record (Expungement) TABLE OF CONTENTS What is Expungement/Sealing of Record?... 1 Why Get an Expungement?...1 Who Can Use This Packet?...1 Can I Get My Record Expunged?...2

More information